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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 233 By: Hicks
AS INTRODUCED
An Act relating to the Oklahoma Children ’s Code;
amending 10A O.S. 2011, Section 1 -4-505, which
relates to admissibility of p rerecorded statements of
child; modifying availability of certain method of
child witness testimony; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Sectio n 1-4-505, is
amended to read as follows:
Section 1-4-505. A. This section shall apply only to a
proceeding brought within the purview of the Oklahoma Children ’s
Code in which a child twelve (12) years of age or younger is alleged
to be deprived, and shall apply only to the statement of that child
or another child witness.
B. The recording of an oral statement of the child made before
the proceedings begin is admissible into evidence if:
1. The court determines in a hearing conducted outside the
presence of the jury that the time, content and totality of
circumstances surrounding the taking of the statement provide
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sufficient indicia of reliability so as to render it inherently
trustworthy. In determini ng trustworthiness, the court may
consider, among other things, the following factors: the spontaneity
and consistent repetition of the statement, the mental state of the
declarant, whether the terminology used is unexpected of a child of
similar age or of an incapacitated person, and whether a lack of
motive to fabricate exists; and the child either:
a. testifies or is available to testify at the
proceedings in open court or through an alternative
method pursuant to the provisions of the Uniform Child
Witness Testimony by Alternative Methods Act or
Section 2611.2 of Title 12 of the Oklahoma Statutes,
or
b. is unavailable as a witness as defined in Section 2804
of Title 12 of the Oklahoma Statutes. When the child
is unavailable, such statement may be admitt ed only if
there is corroborative evidence of the a ct;
2. No attorney for any party is present when the statement is
made. However, if appropriate facilities are utilized that allow
observation of the child without the child ’s knowledge or awareness
in any way, any such attorney may be present as an obse rver, but not
as a participant, and no such attorney shall have any right to
intervene, object, or otherwise make his or her presence known to
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the child before, after , or during the making of the statement of
the child;
3. The recording is both visual and aural and is recorded on
film or videotape or by other electro nic means;
4. The recording equipment is capable of making an accurate
recording, the operator of the equipment is competent, and the
recording is accurate and has not been altered;
5. The statement is not made in response to questioning
calculated to lead the child to make a particular statement or is
otherwise clearly shown to be the child ’s statement and not made
solely as a result of a lea ding or suggestive question;
6. Every voice on the recording is identified;
7. The person conducting the intervi ew of the child in the
recording is present at the proceeding and is available to testify
or be cross-examined by any party;
8. Each party to the proceeding is afforded an opportunity to
view the recording before the recording is offered into evidence;
and
9. A copy of a written transcript of the recording transcribed
by a licensed or certified court reporter is available to the
parties.
A statement may not be admitted under this subsection un less the
proponent of the statement makes known to the parties an intention
to offer the statement and the particulars of the statement at least
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ten (10) days in advance of the proceedings to provide the p arties
with an opportunity to prepare to answer the statement.
SECTION 2. This act shall become effective November 1, 2021.
58-1-483 TEK 1/4/2021 12:16:24 PM